Howard v. State’s Empirical Analysis

Citation profile

56 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) who is able to perceive and understand the nature of the proceedings; (2) who is able to rationally communicate with his attorney about the case; (3) who is able to recall relevant facts; (4) who is able to testify in his own defense if appropriate; and (5) whose ability to satisfy the foregoing criteria is commensurate with the severity of the case.”

   11 later decisions quote this exact passage
   e.g. Hearn v. State · Edwards v. State

2. “[e]ven where the issue of competency to stand trial has not been raised by defense counsel, the trial judge has an ongoing responsibility to prevent the trial of an accused unable to assist in his own defense.”

   6 later decisions quote this exact passage
   e.g. 796 So. 2d 1040 - Edwards v. State · 914 So. 2d 729 - Magee v. State

3. “If before or during the trial the court, of its own motion or upon motion of an attorney, has reasonable ground, to believe that the defendant is incompetent to stand, trial, the court shall order the defendant to submit to a mental examination by some competent psychiatrist selected by the court in accordance with § 99-13-11 of the Mississippi Code Annotated of 1972. After the examination the court shall conduct a hearing to determine if the defendant is competent to stand trial. After hearing all the evidence, the court shall weigh the evidence and make a determination of whether the defendant is competent to stand trial.”

   5 later decisions quote this exact passage
   e.g. Hearn v. State · Jones v. State